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HomeMy WebLinkAboutResolution - 2017-R0266 - Precision Drilling - 08_10_2017Resolution No. 2017-RO266 Item No. 6.9 August 10, 2017 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 13428 for traffic signal pier drilling services, by and between the City of Lubbock and Precision Drilling, a Division of Brown McKee, Inc., of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on August 10, 2017 k-- DANIEL M. POPE, MAYOR ATTEST: APPROVED AS TO Wogd"F"raAlin, P.E., Director of Public Works APPROVED AS TO FORM: K lli Leisure, Assistant City Attorney RES.Contract No. 13428PrecisionDrilling 7.25.17 Resolution No. 2017-RO266 City of Lubbock, TX Contract for Traffic Signal Pier Drilling Services Contract 13428 THIS CONTRACT made and entered into this 10" day of August, 2017 by and between the City of Lubbock ("City"), and Precision Drillinp, a Division of Brown Mckee, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Traffic Signal Pier Drilling Services and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Traffic Signal Pier Drilling Services. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: In accordance with City's general conditions and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City, Traffic Signal Pier Drilling Services, and more specifically referred to as Items one through three on the bid submitted by the Contractor or in the specifications attached hereto. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. The contract shall be for a term of 5 years, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non-compliance. 4. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: 7. Insurance Coverage Required. SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. The Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Other ❑ Claims Made ® Occurrence ❑ W/Heavy Equipment ® XCU ❑ To Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY El AUTOMOTIVE LIABILITY ® Any Auto ❑ Scheduled Autos ❑ Non -Owned Autos EXCESS LIABILITY ❑ Umbrella Form GARAGE LIABILITY ❑ Any Auto n ❑ All Owned Autos ❑ Hired Autos ❑ BUILDER'S RISK ❑ INSTALLATION FLOATER ❑ POLLUTION ❑ CARGO ® WORKERS COMPENSATION — STATUTORY ® EMPLOYERS' LIABILITY COMBINED SINGLE LIMIT General Aggregate $1,000,000 Products-Comp/Op AGG X Personal & Adv. Injury X Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate Combined Single Limit Per Occurrence $1,000,000 Each Occurrence Aggregate Auto Only - Each Accident Each Accident Aggregate _ ❑ 100% of the Total Contract Price ❑ 100% of the Total Material Costs AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY 1 000 000 OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis. ® To include products of completed operations endorsement. ® Waiver of subrogation in favor of the City of Lubbock on all coverages, except The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and shall include waivers of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable endorsements are required. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: A. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; B. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; C. Provide for notice to the City at the address shown below by registered mail; D. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; E. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13t" Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 8. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 9. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 10. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 11. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 12. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 13. This Contract consists of the following documents set forth herein; Invitation to Bid No. 17-13428-KW, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBO Daniel M. Pope, Mayor APPROVED AS TO CONTENT: Sharmon Owens, City Traffic Engineer AP VED AS O FORM: elli Leisure, Assistant City Attorney CONTRACTOR: BY Authorized Representative's Signature Mike P. 01es Print Name P.O. Box 3279-79452 Address Lubbock, TX 79452 City, State, and Zip Code City of Lubbock, TX Purchasing & Contract Management Bid 17-13428-KW Drilled Shaft Specifications and Requirements SCOPE This specification shall cover drilled Shafts for City of Lubbock Traffic Signal Arm Assemblies. All drilled shafts shall conform to the 2014 Texas Department of Transportation (TXDOT) Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges — Item 416 "Drilled Shaft Foundations" (ftp://ftp.dot.state.tx.us/pub/txdot-info/des/spec-book-1114.pdf) This bid only covers specifications for drilling the shaft to the required dimensions. Casing may be required as determined by the specification or the engineer. Reinforcing steel, concrete and slurry displacement are not a part of this bid and shall be excluded from the specification. PRODUCT SPECIFICATION All drilled shaft locations shall be marked and approved by the City of Lubbock Traffic Engineering department prior to drilling. All material excavated shall be removed by City of Lubbock personnel. The contactor is responsible for all utility locates and permits prior to drilling shafts. • The shafts to be drilled will be 36" (inches) or 48" (inches) in diameter. • Shaft depths can vary from 13' (feet) to 22' (feet). Dimensions shall be determined by plans. Further information regarding Traffic Signal shafts can be found in TXDOT's standard sheets Pole Foundations, TS-FD-12 and Long Mast Arm Assembly, LMA (2)- 12. The City of Lubbock Traffic Engineering Department will be responsible for traffic control for the contractor. Shafts shall not be drilled without Traffic Engineering personnel on site. BID FORM Traffic Signal Pier Drilling Services City of Lubbock, TX ITB 17-13428-KW In compliance with the Invitation to Bid 17-13428-KW, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met. hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 17-13428-KW is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. BASE BID: ITEM UNIT OF ESTIMATED UNIT EXTENDED NO. DESCRIPTION MEASURE QUANTIY PRICE PRICE A B C B XC 1, Drilled pier shafts — 36" in LF 90 $ 22.00 $ 1, 980.00 diameter, as per specifications 2• Drilled pier shafts — 48" in LF 792 $ 27.50 $ 21, 780.00 diameter, as per specifications 3. Mobilization EA 12 $ 200.00 $ 2,400.00 Total Items 1-3 $ 26,160.00 PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 0 °io, net _ calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791. Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions. specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship independent School District, Lubbock Housing .authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School ITB 17-13428-6N' Traffic Signal Pier Drilling Ser%ices CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-241182 Date Filed: 07/25/2017 Date Acknowledged: 07/26/2017 7 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Precision Drilling Lubbock, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City Of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. ITB 17-13428-KW Drilled Shafts for traffic signals 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM J.295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nas.1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-241182 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Precision Drilling Lubbock, TX United States Date Filed: 07/25/2017 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City Of Lubbock Date Acknowledged; 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. ITB 17-13428-KW Drilled Shafts for traffic signals 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT i swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. %°011 Irrm PEGGY DUHON ` �= Notary Public, State of Texas .'V Comm. Expires 01-07.2021 0f�`�� Notary ID 12485864-4 + u�` Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP? SEAL ABOVE , Sworn to and subscribed before me, by the said I A t' this the G ._ day"J i 20=, to certify which, witness my hand and seal of office. 10, signat& f r administering oath rint a of officer administering oath Tide of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1,0.883